SSIC to hear from witnesses on the Kite Runner cross-border trip

Pago Pago, AMERICAN SAMOA — The Senate Select Investigative Committee met yesterday after the regular session to discuss the report prepared by the Department of Homeland Security on the cross-border trip by the locally-owned boat Kite Runner to Samoa and back.

SSIC Chairman Senator Togiola T.A. Tulafono told committee members that the report was incomplete with important information missing because the DHS should have questioned certain government officials directly involved in this matter.

He recommended that the committee subpoena Acting Director for the American Samoa Historic Preservation Office (ASHPO) Letitia Tish Peau, Water Transportation Supervisor of Port Administration, Loleni Faiai and Port Security Chief of Port Administration, Chester Manaea to testify so that the missing information could be acquired.

Togiola stated that it seems like Manaea was directly involved and knows a lot of what transpired, but the information he gave DHS was too vague and does not give a clear picture of his actions and decisions during this incident.

“According to the report from DHS, the Kite Runner arrived back in the Territory at 3:30am but was not cleared until 6am,” Togiola revealed. “The number of passengers onboard according to the list was seven, however, there were only four people present at the time of clearance. They were the captain and three crew members. There was also no sign of any cargo from Samoa and nothing is mentioned in the report.”

Togiola also revealed that none of this was mentioned in the reports from the Agriculture Department and Customs, and that the vessel arrived without any clearance documents from Samoa.

He recommended that the three witnesses be subpoenaed to testify on Thursday (tomorrow), after which the committee can make a decision whether to refer the matter to the Attorney General and Governor with a recommendation to pursue it in court.

Senator Malaepule Saite Moliga expressed his support saying he had read the DHS report and had also found it too vague, contradicting what he had heard actually happened and moved a motion to approve Togiola’s recommendation.

However, Senate President Tuaolo Manaia Fruean intervened and requested that a fourth witness be subpoenaed to appear before the committee on Thursday.

Tuaolo asked committee members to add the name of Customs agent Sheehan Samuela Seigafo to the list of witnesses because he knows everything that happened.

“Seigafo is my relative, and I’m sure you’ll get a clear picture of what happened when he testifies,” Tuaolo said. “I summoned him when I heard on the news that it was him who signed the COC (Certificate of Clearance) for the Kite Runner and I interrogated him myself.

“According to Seigafo, the Kite Runner arrived in Samoa without any clearance papers and Tish Peau called their office for a COC. He told me that the person who signed it was Likitoa Sopoaga, on the orders of Deputy Chief of Customs, Juliano Falaniko. Sopoaga is now conveniently off-island.”

Under Port Administration procedures, any vessel departing American Samoa has to submit a crew list with copies of passport and DPA then issues and approves a departure form. The vessel owner or operator takes this departure form to the Customs Office for review and approval, after which Customs issues a Certificate of Clearance (COC).

However, according to the Department Homeland Security report submitted in August, the vessel departed for Samoa on April 25th without a COC and the AS Customs Office only issued a COC after the boat arrived in Samoa, which allowed it to enter the wharf at Matautu, before sailing to its intended destination, Savaii.

The COC in question was dated April 25th, the same day that the Kite Runner departed American Samoa, and showed that it was approved by the Chief of Customs. However, the Chief of Customs told investigators that he didn’t sign the document as he was off-island at the time.

Deputy Chief of Customs Juliano Falaniko told investigators that the clearance for the Kite Runner was on hold and the boat left without clearance. He said someone from the Customs Vessel Unit issued the COC after the fact.

Upon further investigation, the Customs agent who had signed the COC was identified as Sheehan Samuela Seigafo.

Committee Chairman Togiola then amended the motion to four witnesses to be subpoenaed which was seconded by Senator Ponemafua Tapeni who stated that he does not believe the information in the report submitted by DHS.

The SSIC hearing will convene tomorrow morning after the Senate regular session.